CR

CR

The conviction for impregnating a school girl could not stand due to the expunging of documentary exhibits and the lack of an established chain of custody for DNA evidence, making paternity unproven. However, the conviction for statutory rape was upheld as the complainant's age and penetration were proved by...

Source-derived case information.

Citation
CR
Parties
Appellant: Joseph Gerald @ Mdomvi; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal of Tanzania)
Outcome
Appeal partly allowed and partly dismissed
Legal Topics
Statutory Rape, Impregnating a School Girl, Chain of Custody, Credibility of Witnesses, Proof of Age, DNA Evidence, Admissibility of Evidence
Source Language
english
Criminal Law Statutory Rape Impregnating a School Girl Chain of Custody Credibility of Witnesses Proof of Age DNA Evidence Admissibility of Evidence

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Parties

Joseph Gerald @ Mdomvi

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal of Tanzania)

Legal Issues

  1. 1 Whether the conviction for rape and impregnating a school girl was supported by admissible and credible evidence
  2. 2 Whether the chain of custody for DNA evidence was established
  3. 3 Whether the age of the complainant was proved

Ratio Decidendi

The conviction for impregnating a school girl could not stand due to the expunging of documentary exhibits and the lack of an established chain of custody for DNA evidence, making paternity unproven. However, the conviction for statutory rape was upheld as the complainant's age and penetration were proved by credible oral evidence, and the appellant was identified as the perpetrator beyond reasonable doubt.

Court Disposition

Appeal partly allowed and partly dismissed

Orders

  • Conviction and sentence for impregnating a school girl quashed and set aside
  • Conviction and sentence for statutory rape upheld; appellant to continue serving thirty years imprisonment